How to resolve dismissals during probationary periods
The Government reinforces the information that the company must offer in the employment contract to the worker about their probationary period, although the courts had already established the roadmap in discriminatory actions or defects of form in recent years.
The Spanish government has introduced a new decree to increase transparency in labour contracts, specifically regarding the probationary period for new employees. The decree requires companies to clearly define the duration of the probationary period and the criteria for evaluating an employee's suitability. This move comes as courts have been scrutinizing companies' decisions to terminate contracts during the probationary period, particularly if there are indications of discrimination or formal defects.
According to Javier Reyes, a lawyer with Bécquer Abogados, companies must now be more cautious and ensure that their decisions are based on objective criteria, as courts are increasingly likely to declare terminations during the probationary period as unfair or null.
Written by urgent.news from Expansion ES's report — not a translation of it. Machine-written — may contain errors; check the original before relying on it.
